- Alaska Statutes.
- Title 47. Welfare, Social Services and Institutions
- Chapter 7. Medical Assistance For Needy Persons
- Section 45. Home and Community-based Services.
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. Recipient Cost-Sharing.
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. Implementation of the Medical Assistance Program.
AS 47.07.045. Home and Community-based Services.
- (a) The department may provide home and community-based services under a waiver in accordance with
42 U.S.C. 1396 - 1396p (Title XIX, Social Security Act), this chapter, and regulations adopted under this chapter, if the
department has received approval from the federal government and the department has appropriations allocated for the
purpose. To supplement the standards in (b) of this section, the department shall establish in regulation additional
standards for eligibility and payment for the services.
- (b) Before the department may terminate payment for services provided under (a) of this section,
- (1) the recipient must have had an annual assessment to determine whether the recipient continues
to meet the standards under (a) of this section;
- (2) the annual assessment must have been reviewed by an independent qualified health care
professional under contract with the department; for purposes of this paragraph, "independent qualified health care
- (A) for a waiver based on mental retardation or developmental disability, a person who is qualified
under 42 CFR 483.430 as a mental retardation professional;
- (B) for other allowable waivers, a registered nurse licensed under AS 08.68 who is qualified to assess children with complex medical
conditions, older Alaskans, and adults with physical disabilities for medical assistance waivers; and
- (3) the annual assessment must find that the recipient's condition has materially improved since
the previous assessment; for purposes of this paragraph, "materially improved" means that a recipient who has previously
qualified for a waiver for
- (A) a child with complex medical conditions, no longer needs technical assistance for a life-
threatening condition, and is expected to be placed in a skilled nursing facility for less than 30 days each year;
- (B) mental retardation or developmental disability, no longer needs the level of care provided by
an intermediate care facility for the mentally retarded either because the qualifying diagnosis has changed or the
recipient is able to demonstrate the ability to function in a home setting without the need for waiver services; or
- (C) an older Alaskan or adult with a physical disability, no longer has a functional limitation or
cognitive impairment that would result in the need for nursing home placement, and is able to demonstrate the ability to
function in a home setting without the need for waiver services.
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